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MISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

OFFICE OF CHILDHOOD - CHILD CARE COMPLIANCE

COMPLAINT INVESTIGATION OF SUBSTANTIATED STATUTE OR RULE VIOLATIONS
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Facility Information
Date of Report
12/15/2022 12:00:00 AM
DVN
002891830
Facility Name
ALPHA TOTS LEARNING CENTERS II
Facility Address
718 S SCENIC AVE
City
SPRINGFIELD
Zip Code
65802-5043
Phone
(417) 771-5707
County
GREENE
Assigned Specialist
MERTZ, CAYLIN
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.092(3)(A) All outdoor equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts. Only lead-free paint shall be used.
5 CSR 25-500.082(6)(A)4. The play area shall be safe for children's activities, well-maintained, free of hazards such as poisonous plants, broken glass, rocks or other debris and shall have good drainage.
5 CSR 25-500.082(6)(A)7. Areas under and around outdoor equipment shall havecontinuous maintenance to ensure that the material remains in place and retains its cushioning properties. The resilient material shall be supplemented immediately or replaced as needed.
5 CSR 25-500.082(1)(A) The premises shall be safe and suitable for the care of children.
5 CSR 25-500.082(1)(C) Children shall have no access to areas not approved for child care.
5 CSR 25-500.082(1)(F) Approved safety gates at stairways and doors shall be provided and used as needed.
5 CSR 25-500.090(1)(A) The facility shall develop, implement, and maintain policies and procedures for responding to a disaster emergency, including a written plan for:
5 CSR 25-500.090(1)(A)1. Medical and non-medical emergencies and disaster situations that could pose a hazard to staff and children, such as a fire, tornado, flood, chemical spill, exposure to carbon monoxide, power failure, bomb threat, person coming to the facility whose health or behavior may be harmful to a child or staff member, or kidnapping or missing child;
5 CSR 25-500.192(5)(A) In case of accident or injury to a child, the provider shall notify the parent(s) immediately. If the child requires emergency medical care, the provider shall follow the parent's(s') written instructions.
5 CSR 25-500.192(5)(B) Information regarding the date and circumstance of any accident or injury shall be noted in the child's record.
5 CSR 25-500.092(2)(A)1. Play equipment and materials shall be clean, in good condition with all parts intact and accessible to children.
5 CSR 25-500.082(2)(A)9. The facility shall be clean at all times and free of dirt, insects, spiders, rodents or other pests.
5 CSR 25-500.082(2)(B)2.B.(VI) Floors shall be tile, linoleum or wood and shall be mopped and sanitized daily. Washable area rugs that are laundered daily may be used. Centers initially licensed after the effective date of these rules or facilities adding new infant/toddler space shall not use carpet;
5 CSR 25-500.082(2)(A)6. Walls, ceilings and floors shall be finished with material which can be cleaned easily and shall be free of splinters, cracks and chipping paint. Floor covering shall be in good condition. Lead-free paint shall be used for all painted surfaces.
5 CSR 25-500.182(1)(A)1. Caregivers shall not leave any child without competent adult supervision.
5 CSR 25-500.182(1)(A)3. Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises.
5 CSR 25-500.102(1)(E) Caregivers shall have knowledge of the needs of children and shall be sensitive to the capabilities, interests, and problems of children in care.
Conclusion Summary
On December 15, 2022, the Office of the Childhood received an allegation that the facility has faulty playground equipment. After investigation, Compliance Inspector (CI) Caylin Mertz has found this allegation to be substantiated based on the evidence and rule violations: 5 CSR 25-500.082(6)(A)4 which states "The play area shall be safe for children's activities, well-maintained, free of hazards such as poisonous plants, broken glass, rocks or other debris and shall have good drainage." On December 17, 2022, Compliance Inspector (CI) Caylin Mertz and CI Heather Radney conducted an unannounced inspection at the facility including a walkthrough of the playground. There are sharp metal footings exposed on both the race car and airplane toys. There is metal flashing laying on the ground next to the building which is sharp and could injure a child. There is a broken, metal gutter mixed in with the children's toys. AND 5 CSR 25-500.082(6)(A)7 which states "Areas under and around outdoor equipment shall have continuous maintenance to ensure that the material remains in place and retains its cushioning properties. The resilient material shall be supplemented immediately or replaced as needed." On December 17, 2022, Compliance Inspector (CI) Caylin Mertz and CI Heather Radney conducted an unannounced inspection at the facility including a walkthrough of the playground. There was not enough resilient material at the bottom of the slide to absorb impact as evidenced by the ground being visible. The resilient material on the remainder of the playground was observed to be sufficient.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall notify all staff members of the violations which were substantiated, and specify the actions to be taken by all staff in order to comply with all licensing violations cited. A copy of the memo, letter, or staff meeting agenda shall be submitted to the Office of Childhood. Y 4/21/2023 12:00:00 AM
The provider shall create a plan that ensures that the facility is properly cleaned throughout the day. A copy of the plan shall be provided to the Office of Childhood Y 4/24/2023 12:00:00 AM
The facility shall conduct a staff meeting to review the center's policies and all licensing rules and regulations regarding accidents and injuries. The facility must provide the Office of Childhood with a statement, signed by all staff (paid employees or unpaid volunteers), to indicate they understand and agree to follow those rules and regulations. Y 8/14/2023 12:00:00 AM
A plan shall be put in place to ensure that staff are conducting daily checks of the outdoor play space, including the fence, to ensure it is kept in good condition. A copy of the plan shall be submitted to the Office of Childhood. Y 4/24/2023 12:00:00 AM
The facility shall create a plan to ensure how new hire employees (paid employees and unpaid/paid volunteers) are fully trained on the facility's plan for supervision on the playground before caring for children. A copy of the plan shall be submitted to the Office of Childhood. Y 4/17/2023 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
8/4/2023 12:00:00 AM
Approving Supervisor
FOX, ROMENA